The jig is up. Worried about the level of "media attention" the company was getting for its
private offering
of $1.5 billion in Facebook shares, Goldman Sachs is terminating its
plan to let U.S. clients invest in the social network. Securities law in
the U.S. discourages companies from publicizing private offerings. But
since the deal was leaked to The New York Times earlier this month,
coverage of the arrangement has been
intense.
Avoiding U.S. regulatory scrutiny, Goldman will simply offer the deal
to its clients abroad. Here's what finance pundits are saying about the
botched deal:
A
person close to the Facebook deal blamed a leak in early January for
provoking a "publicity-driven feeding frenzy" that made it too risky to
continue with the offer to US investors.
The Securities and Exchange Commission could have disallowed investments by US investors if it later decided that the rules limiting promotion had been broken,
this person said. Some observers questioned Goldman’s handling of the
deal and suggested it was almost guaranteed to draw regulatory scrutiny.
- Goldman Has Egg On Its Face, writes Andrew Ross Sorkin
at The New York Times, explaining that "the decision is a considered a serious
embarrassment," as Goldman "had marketed the investment to its
wealthiest clients, including corporate magnates and directors of the
nation's largest companies."
- The Times Ruined This for Goldman "It seems," writes Mike Masnick
at Tech Dirt, "that Goldman was becoming worried that all of
the public scrutiny on this deal was suddenly getting mighty close to
being a 'public offering' type of situation, in which the SEC could
conceivably step in and claim that it needs to follow all of the
standard IPO rules--which it had not been doing. Goldman has
apparently hoped to keep everything a lot more quiet, but the NY Times
broke the story, and then everyone else piled on."
- Loose-Lipped Investors Didn't Help Either, adds Jackie Cohen
at All Facebook, pointing out the role of the leaker, not just the leaked-to organization: "Goldman had repeatedly told prospective investors not
to disclose any details about the private offering, but obviously some
leaked information and even shared copies of the offering memoranda with
the financial news media."
- Losers: 'The U.S. Investors Who Wanted to Buy Facebook Stock,' These are "the same investors that the SEC is
supposedly protecting," writes Nicholas Carlson
at Business Insider: "Goldman is powerful enough that it can sell
Facebook stock outside the SEC's jurisdiction, and that's exactly what
it's doing."
- This Makes Me Slightly Less Angry With Facebook, writes Sharon Machlis
at Computer World:
I'd been considering cutting back on my personal
use of Facebook if this deal went through, since the more I heard about
this financing deal, the angrier I got that the company was allowing its
investment firm to so brazenly flout the intent of our financial laws--regulations aimed at protecting American investors. Those laws were
instituted to try to level the financial playing field at least a
little, between the wealthy, powerful and well-connected and everyone
else. Now? I'm happy Facebook and Goldman Sachs aren't flouting the
law.
- Here's a Lesson for Other Startups Looking to Do Business with Goldman, advises Joe Weisenthal
at Business Insider: "If you're a tech company like Groupon (or anyone
else looking to IPO), if nothing else you might wonder about the wisdom
of working with a company that has regulators breathing so heavily down
its neck."
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